Sexual Battery Defense

Aggressive Representation for Violent Sex Crimes

The crime of sexual battery is considered to be a wobbler, which means that it can be charged as a misdemeanor or a felony, depending on the circumstances of the alleged offense. The factors considered may include the circumstances surrounding your case, as well as whether you have any prior criminal convictions (most importantly, if you have prior sex offense convictions).

At Second Chances Law Group, we are highly competent at the defense of sex crimes such as sexual battery. Our criminal defense attorneys are here to represent you against the serious charges you are facing.

What Is Sexual Battery?

Sexual battery is a type of sex offense which involves touching another person sexually or in their private areas against their will or without express permission. It’s important to note that sexual battery is different from rape (under California Penal Code) in that you are not required to have penetrated or engaged in sexual intercourse to be found guilty of sexual battery. Also, the alleged victim need not be a total stranger; it could be someone with whom you have carried a personal relationship.

When Is Sexual Battery Charged?

A prosecutor will likely charge the sexual battery as a felony if the alleged victim was illegally restrained or tied up, was forced to touch intimate parts, was forced to engage in masturbation or to touch the intimate parts of another person, was not aware of the touching was sexual in nature because he or she was fraudulently made to believe that the touching was medical, therapeutic or otherwise professional in nature, or was placed in a mental institution, and either severely disabled or suffered medical incapacity

Fortunately, in many cases, there are a plethora of defenses available. Our sexual battery defense lawyers can thoroughly analyze and dissect your case to see which defenses apply. These may include wrongful accusation, misidentification (mistaken identity), factual innocence, victim’s consent, and lack of evidence to substantiate the accusation.